Update:
November 2008 update on prosecution of Big Apple Oriental Tours owner/operators:
In 1996, Equality Now launched its Women's Action campaign calling for the prosecution of Big Apple Oriental Tours, a sex-tour company based in New York State. The campaign focused on shutting down Big Apple Oriental Tours and securing a criminal prosecution for Barabash and Allen for promoting prostitution under New York State law. Big Apple Oriental Tours was effectively shut down in 2003 by a temporary restraining order obtained by the New York State Attorney General in a civil lawsuit. After a first criminal indictment, an appeal, a second criminal indictment and second appeal, the criminal case has been referred back to the Dutchess County Court for trial (for more information on the background of the case and law please see Women’s Actions 12.1 and 12.2).
On December 26, 2006, the Appellate Division of the Supreme Court of the State of New York upheld the dismissal of the charge of promoting prostitution in the third degree but reinstated the charge of promoting prostitution in the fourth degree against the Big Apple Oriental Tour operators. Equally important, the Appellate Division dismissed Barabash and Allen’s remaining arguments as "without merit" including that their sex tour operations are not subject to promoting prostitution charges in state courts because of lack of jurisdiction. Barabash and Allen will now have to stand trial, facing up to one year of imprisonment if convicted. The trial date has been set for 7 January 2009.
Members are requested to ask new New York State Attorney General Andrew Cuomo, who replaced Eliot Spitzer, to continue to pursue the case vigorously. (Letters may be sent to the same address and fax number listed below. Please also send a copy to Equality Now.)
Norman Barabash and Douglas Allen, the owner/operators of New York-based sex tour company Big Apple Oriental Tours, have been indicted for the second time by a Dutchess County Grand Jury for promoting prostitution in violation of Article 230 of the New York Penal Law. Mr. Barabash and Mr. Allen were arraigned on 8 August 2005, pleading not guilty, at the Dutchess County Courthouse in Poughkeepsie, New York. If convicted, Mr. Barabash and Mr. Allen could face up to seven years in prison.
What You Can Do:
Please write to New York State Attorney General Andrew Cuomo, commending him for his leadership in continuing to pursue the case against Big Apple Oriental Tours for promoting prostitution through sex tourism. Express your hope that his action will set an example for and encourage his colleagues around the country to take legal action against other sex tour operators in the United States.
New York State Attorney General Andrew Cuomo
The Capitol
Albany, NY 12224-0341, USA
Fax: +1 518-402-2472
